TERMS OF SERVICE

Contents

1. GENERAL PROVISIONS 3

1.1. About LAKBAI 4

1.2. Marketplace Nature of the Platform 4

1.3. No Agency or Partnership Nature of the Platform 4

2. USER REGISTRATION AND KYC 4

2.1. Eligibility 4

2.2. Registration Requirements for all Users 5

2.3. Additional Requirements – Renters 5

2.4. Additional Requirements – Hosts 5

2.5. KYC Verification and Third-Party Integration 6

2.6. Account Security 6

3. HOST OBLIGATIONS 6

3.1. Eligibility to List 6

3.2. Listing Obligations 7

3.3. Host Representations and Warranties 7

3.4. Prohibited Vehicles 8

4. RENTER OBLIGATIONS 8

4.1. Pre-Rental Requirements 8

4.2. Pre-Trip Documentation 9

4.3. Renter’s Obligations During the Rental Period 10

4.4. Post-Trip Documentation 10

4.5. Late Returns 11

5. INSURANCE AND RISK ALLOCATION 11

5.1. Host’s Insurance Obligation 11

5.2. Per-Trip Insurance 12

5.3. Risk Allocation 12

6. BOOKING PROCESS 13

6.1. How Bookings Work 13

6.2. Confirmation and Modification 13

6.3. Security Deposit 13

7. PAYMENT TERMS 14

7.1. Payment Structure 14

7.2. Payment Holding and Release 14

7.3. Accepted Payment Methods 15

7.4. Taxes 15

8. CANCELLATION AND REFUND POLICY 16

8.1. Cancellation by Renter 16

8.2. Cancellation by Host 16

8.3. Cancellation for Vehicle Defects 17

8.4. Force Majeure 18

9. PLATFORM FEATURES 18

9.1. Ratings and Reviews 18

9.2. In-App Communications 18

9.3. Location Data 19

10. PROHIBITED CONDUCT 19

11. INTELLECTUAL PROPERTY 20

12. DISPUTE RESOLUTION 21

12.1. Disputes Between Renters and Hosts 21

12.2. Disputes with Lakbai 22

13. LIMITATION OF LIABILITY 23

13.1. Platform Liability Disclaimer 23

13.2. Aggregate Liability Cap 24

13.3. No Guarantee of Continuous Service 24

14. INDEMNIFICATION 24

15. ACCOUNT SUSPENSION AND TERMINATION 25

15.1. Suspension or Termination by Lakbai 25

15.2. Voluntary Termination 25

16. PRIVACY AND DATA PROTECTION 25

17. ELECTRONIC TRANSACTIONS 26

18. MISCELLANEOUS 27

18.1. Amendments 27

18.2. Severability 27

18.3. Waiver 27

18.4. Entire Agreement 27

18.5. ASSIGNMENT 27

18.6. Governing Law and Jurisdiction 28

18.7. Survival 28

19. CONTACT INFORMATION 28

20. ACCEPTANCE 28

20.1 Acceptance by the User during Registration 28

20.2 Acceptance by the Renter during Booking 28

20.3 Acceptance by the Host during Publishing 28

1. GENERAL PROVISIONS

These Terms of Service (“Terms”) are a binding legal agreement between you (those who wish to rent out their privately owned vehicles and individuals who wish to rent such vehicles on a self-drive basis) and LBSD Mobility OPC (“Lakbai”) that govern the right to use the websites, applications, and offerings from Lakbai.

1.1. About LAKBAI

LAKBAI TRANSPORT SOLUTIONS is a peer-to-peer car rental marketplace operated by Lakbai Mobility OPC (the “Company”), a One Person Corporation duly organized and existing under the laws of the Republic of the Philippines, doing business under the name and style of Lakbai Transport Solutions. Throughout these Terms, “Lakbai,” “we,” “us,” and “our” refer to Lakbai Mobility OPC, operating as Lakbai Transport Solutions. Lakbai's initial area of operations covers Cavite and South Metro Manila, with plans for nationwide expansion.

Lakbai provides a technology platform (the “Platform”) that connects individuals who wish to rent out their privately owned vehicles (“Hosts”) with individuals who wish to rent such vehicles on a self-drive basis ("Renters") (Hosts and Renters are collectively referred to as "Users"). Lakbai is NOT a transportation provider, vehicle lessor, or car rental company, and does not own, operate, control, manage, or maintain any vehicle listed on the Platform. The Platform is exclusively for self-drive rentals; driver-included arrangements are not supported at this time.

1.2. Marketplace Nature of the Platform

By listing a vehicle or completing a booking on the Platform, the Host and Renter respectively enter into a direct contractual relationship with each other under Philippine law. Lakbai's role is limited to: (a) providing the digital platform for discovery and booking; (b) facilitating payment processing and temporary holding; and (c) providing a forum for ratings, reviews, and in-application communications.

1.3. No Agency or Partnership Nature of the Platform

Nothing in these Terms shall be construed to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between Lakbai and any User. Hosts are independent individuals or entities acting on their own behalf. Lakbai does not control the manner, means, or instrumentalities by which Hosts provide access to their Vehicles, and no User has authority to bind Lakbai in any manner.

2. USER REGISTRATION AND KYC

The User must be registered to use the Platform, including the websites, applications and other offerings from Lakbai.

2.1. Eligibility

To register for and use the Platform, a user must: 

• Be at least eighteen (18) years of age. The Platform incorporates automated age verification at registration, and any applicant whose declared birthdate indicates an age below eighteen (18) years will be blocked from proceeding. Minors may not register or use the Platform under any circumstances.
• Have the legal capacity to enter into a binding contract under Philippine law.
• Comply with all applicable laws and regulations in their use of the Platform.

2.2. Registration Requirements for all Users

All Users must provide, at a minimum, the following during registration:

• A valid government-issued identification card (e.g., PhilSys ID, passport, driver's license, SSS/GSIS card);
• A valid and active email address, which must be verified through the Platform's verification process;
• A valid Philippine mobile phone number, which must be verified through a one-time password (OTP) process; and
• Such other information as Lakbai may require from time to time, including but not limited to nature and source of income, subject to applicable law.

2.3. Additional Requirements – Renters

In addition to the general requirements in Section 2.2, Renters must provide:

• A valid and subsisting Philippine driver's license (Student Permits are not accepted). The Renter must ensure that the driver's license submitted covers the category or classification of the Vehicle being rented. Lakbai reserves the right to decline a Booking or suspend an Account where the Renter's license is found to be insufficient for the class of vehicle they seek to rent; and
• For foreign nationals: a copy of their foreign driver's license and a valid passport. International driver's licenses are accepted subject to verification of equivalency under applicable Philippine law and LTO regulations.

2.4. Additional Requirements – Hosts

In addition to the general requirements in Section 2.2, Hosts must provide, for each Vehicle to be listed:

• Valid Official Receipt and Certificate of Registration (OR/CR) for the Vehicle, issued by the LTO and current as of the date of Listing;
• Proof of valid Compulsory Third Party Liability (CTPL) insurance;
• Proof of valid comprehensive insurance coverage for the Vehicle;
• Clear photographs of the Vehicle's exterior (front, rear, driver's side, passenger's side), interior (front and rear seats, dashboard), odometer reading, and fuel gauge;
• For Hosts who are not the registered owner of the Vehicle: a duly notarized Special Power of Attorney (SPA) from the registered owner, expressly authorizing the Host to list and offer the Vehicle for rental through the Platform, together with a copy of the registered owner's valid government-issued identification card; and
• Such other documents as Lakbai may require for verification purposes.

2.5. KYC Verification and Third-Party Integration

Lakbai reserves the right to verify the accuracy of all information provided during registration. Lakbai may engage third-party KYC or digital identity verification providers for this purpose. Users expressly consent to such verification and authorize Lakbai and its designated KYC partners to conduct identity, license, and document checks as part of the registration and ongoing platform participation process.

Lakbai reserves the right to reject any registration, or to suspend or terminate any Account, where the information provided cannot be verified or is found to be false, incomplete, or misleading.

2.6. Account Security

Each User's Account is personal and strictly confidential. Users must not lend, share, or allow any other person to use their Account credentials. Users are solely responsible for all activities that occur under their Account. If a User suspects unauthorized access to their Account, they must notify Lakbai within twenty-four (24) hours from knowledge thereof through the Platform's support channels. Lakbai shall not be liable for any loss or damage arising from unauthorized Account access due to a User's failure to maintain the confidentiality of their credentials.

3. HOST OBLIGATIONS

3.1. Eligibility to List

To list a Vehicle on the Platform, a Host must maintain an active, KYC-verified Account and ensure that the Vehicle meets all requirements set out in these Terms. Both individual Hosts and duly authorized representatives of corporate or fleet Hosts may list vehicles, subject to Lakbai's approval and additional verification requirements for non-individual Hosts.

A Host is not required to be the registered owner of the Vehicle being listed. However, where the Host is not the registered owner — including but not limited to fleet managers, co-hosts, and authorized representatives — the Host must obtain and submit to Lakbai a duly notarized Special Power of Attorney (SPA) executed by the registered owner of the Vehicle, expressly authorizing the Host to list and offer the Vehicle for rental through the Platform. The SPA must be current and must specifically authorize peer-to-peer rental through digital platforms. Lakbai reserves the right to require additional supporting documents to verify the authenticity and continued validity of any submitted SPA, and to suspend or remove a Listing where the SPA is found to be expired, revoked, or insufficient.

Lakbai reserves the right, at any time and without prior notice, to modify, suspend, or remove any Listing that Lakbai determines, in its sole discretion, violates these Terms, applicable law, or Lakbai's policies, or that Lakbai deems inappropriate, misleading, or harmful to the Platform or its Users. The exercise of this right does not make Lakbai responsible for the content of any Listing or for any damages arising from the removal of a Listing.

3.2. Listing Obligations

Hosts agree to:

• Provide accurate, complete, and non-misleading information in their Listing, including the vehicle make, model, year, color, plate number, transmission type, fuel type, seating capacity, and rental rate;
• Upload clear and current photographs of the Vehicle that accurately represent its present condition;
• Disclose any material defects, limitations, or conditions of use that a Renter should reasonably be informed of prior to booking;
• Set and maintain an accurate availability calendar and promptly update the Listing to reflect changes in the Vehicle's availability;
• Maintain the Vehicle in a clean, roadworthy, and safe condition throughout the period the Listing is active; and
• Ensure that the Vehicle has adequate fuel at the start of each Rental Period, unless otherwise agreed with the Renter in writing through the Platform.

3.3. Host Representations and Warranties

By listing a Vehicle on the Platform, the Host continuously represents and warrants that:

• All information provided in the Listing is accurate, current, and complete;
• The Host has full legal authority to offer the Vehicle for rental, through a special power of attorney or by means of ownership of the vehicle, and is not subject to any restriction, lien, or encumbrance that would prohibit such rental;
• Where the Vehicle is subject to a financing agreement or chattel mortgage, the Host has obtained the prior written consent of the lienholder or financing institution;
• The Host may list the Vehicle on other peer-to-peer vehicle rental platforms simultaneously, provided that the Host shall at all times maintain an accurate and up-to-date availability calendar on the Platform. In the event of a double-booking arising from the Host's failure to update their availability calendar, the Host shall bear sole and full responsibility for any resulting cancellation, and the rules on Host cancellation under Section 8.2 of these Terms shall apply. Lakbai shall not be liable for any loss, damage, or inconvenience arising from a double-booking attributable to the Host's failure to manage their availability across platforms;
• The Vehicle is fully insured as required under these Terms; 
• The Host will not impose additional conditions, fees, or charges on the Renter outside of those disclosed on the Platform; and
• The Host will promptly report any accident, damage, theft, or incident involving the Vehicle to the appropriate authorities and to Lakbai within twenty-four (24) hours of occurrence.

3.4. Prohibited Vehicles

The following vehicles are prohibited from being listed on the Platform:

• Vehicles with expired OR/CR or lapsed insurance (CTPL or comprehensive);
• Vehicles registered under a corporation, partnership, or entity, unless the listing individual is a duly authorized representative and prior written approval has been obtained from Lakbai;
• Vehicles subject to a chattel mortgage or financing agreement without the lienholder’s prior written consent;
• Vehicles reported as stolen, under a legal hold order, or subject to any court-issued encumbrance;
• Government-owned vehicles;
• Vehicles not duly registered with the LTO; and
• Motorcycles, tricycles, trucks, and articulated vehicles, unless Lakbai expressly permits such listings in writing.

4. RENTER OBLIGATIONS

4.1. Pre-Rental Requirements

Prior to initiating a Booking, the Renter must:

• Maintain a fully KYC-verified Account with a valid and subsisting driver's license on file;
• Be at least eighteen (18) years of age at the time of the Booking; and
• Review the Vehicle Listing carefully, including the Vehicle's description, photographs, rental rate, available dates, and any disclosed limitations.

4.2. Pre-Trip Documentation

Before commencing a Rental Period, the Host is required to complete the Platform's pre-trip documentation process, which includes photographing and uploading clear and legible images of the following through the Platform:

• The Vehicle's exterior (i.e. front, rear, driver's side, and passenger's side);
• The Vehicle's interior (i.e. front seats, rear seats, and dashboard);
• The fuel gauge reading;
• The odometer reading; and
• Any visible pre-existing damage, scratches, dents, or defects not previously disclosed in the Listing, with specific notation of their location and nature.

Upon the Host's submission of the pre-trip documentation, the Platform shall make the complete documentation package available to the Renter for review prior to the commencement of the Rental Period. The Renter shall review the submitted documentation and acknowledge acceptance thereof through the Platform's digital signature or acknowledgment feature.

The Renter shall not willfully, unreasonably, or maliciously withhold their approval of the pre-trip documentation. Should the Renter decline to approve the documentation, the Renter must provide a valid written explanation through the Platform specifically identifying the basis for refusal, such as a material discrepancy between the submitted photographs and the Vehicle's actual condition at the time of pick-up, within thirty (30) minutes of the scheduled Rental Period start time. A refusal without a valid and substantiated explanation shall be deemed acceptance of the pre-trip documentation as submitted.

A Rental Period may not commence until: (a) the Host has successfully submitted all required pre-trip photographs through the Platform; and (b) the Renter has approved or is deemed to have approved the same in accordance with this Section.

Failure by the Host to complete pre-trip documentation prior to the start of the Rental Period shall be treated as a waiver of any right to claim compensation for damage allegedly incurred during the Rental Period, unless the Host can demonstrate through other means that the damage occurred during the Rental Period. Failure by the Renter to timely raise a valid objection to the pre-trip documentation shall be treated as an acknowledgment and acceptance of the Vehicle's pre-rental condition as documented, and a waiver of any right to contest pre-existing damage upon return of the Vehicle.

4.3. Renter’s Obligations During the Rental Period

During the Rental Period, the Renter agrees to:

• Operate the Vehicle safely, lawfully, and in accordance with all applicable traffic laws and regulations;
• Not operate the Vehicle under the influence of alcohol, drugs, or any substance that impairs driving ability;
• Not allow any person other than the registered Renter to operate the Vehicle, unless a co-driver has been approved by the Host in writing through the Platform prior to the start of the Rental Period;
• Use the Vehicle only for lawful purposes and only within the agreed pickup and return area, and not use it for hire (e.g., TNCs, ridesharing, delivery services);
• Not transport the Vehicle outside Philippine territory without the prior written consent of the Host and Lakbai;
• Return the Vehicle in the same condition as received (fair wear and tear excepted), with a fuel level equal to or greater than at the start of the Rental Period, unless otherwise agreed; and
• Immediately report any accident, damage, mechanical failure, or incident to the Host and to Lakbai through the Platform.

4.4. Post-Trip Documentation

Upon the conclusion of the Rental Period, the Host is required to complete the Platform's post-trip documentation process, which mirrors the pre-trip process and includes photographing and uploading clear and legible images of the following through the Platform: 

• The Vehicle's exterior (i.e. front, rear, driver's side, and passenger's side);
• The Vehicle's interior (i.e. front seats, rear seats, and dashboard);
• The fuel gauge reading;
• The odometer reading; and 
• Any new or additional damage, scratches, dents, or defects not documented in the pre-trip records, with specific notation of their location and nature. 

Upon the Host's submission of the post-trip documentation, the Platform shall make the complete documentation package available to the Renter for review. The Renter shall review the submitted documentation and acknowledge acceptance thereof through the Platform's digital signature or acknowledgment feature within twenty-four (24) hours of the end of the Rental Period. 

The Renter shall not willfully, unreasonably, or maliciously withhold their approval of the post-trip documentation. Should the Renter decline to approve the documentation, the Renter must provide a valid written explanation through the Platform specifically identifying the basis for refusal within twenty-four (24) hours of the end of the Rental Period. A refusal without a valid and substantiated explanation shall be deemed acceptance of the post-trip documentation as submitted.

Failure by the Host to complete post-trip documentation within twenty-four (24) hours of the end of the Rental Period shall be treated as acceptance that the Vehicle was returned in satisfactory condition, and the Host shall waive any right to raise a damage claim in connection with that Rental Period. Failure by the Renter to timely raise a valid objection to the post-trip documentation shall be treated as acknowledgment and acceptance of the Vehicle's documented post-rental condition.

4.5. Late Returns

If the Renter returns the Vehicle after the agreed end of the Rental Period without prior approval from the Host, the Renter shall be charged an overtime fee at the Host's published rate for each additional hour or day, as applicable. Unauthorized retention of the Vehicle beyond two (2) hours past the agreed return time may be treated as misappropriation and may be reported to law enforcement authorities.

5. INSURANCE AND RISK ALLOCATION

5.1. Host’s Insurance Obligation

All Host musts, at all times while their vehicle is listed on the Platform, maintain:

• Valid and subsisting Compulsory Third Party Liability (CTPL) insurance, as required under RA 4136 and applicable LTO regulations; and
• Valid and subsisting comprehensive motor vehicle insurance covering damage, theft, and third-party liability.

Proof of both insurance types must be submitted during the listing process and renewed upon expiry. A Host’s failure to maintain current and valid insurance shall result in the immediate suspension of their Listing until compliant insurance is submitted and verified.

5.2. Per-Trip Insurance

Lakbai has partnered with a duly licensed insurance provider to offer per-trip commercial vehicle insurance coverage for Renters and Hosts transacting through the Platform. This per-trip insurance is automatically applied to each confirmed Booking and constitutes an additional layer of protection on top of the Host's own comprehensive insurance.

The terms, coverage limits, exclusions, conditions, and claims procedures of the per-trip insurance shall be governed by the insurance partner's policy documents, which are made accessible through the Platform and incorporated into the Booking process. Users are strongly encouraged to read the insurance policy documents prior to confirming a Booking.

In the event of an accident or incident during the Rental Period, the Renter must immediately notify both Lakbai and the insurance partner through the Platform and submit all required documentation (police report, photographs, third-party information, and such other documents as may be required) within the timeframe specified in the insurance policy. Lakbai shall assist in coordinating the submission of documents to the insurance partner but does not assume any liability for the outcome of any insurance claim, nor does it guarantee that any particular claim will be approved or paid out.

5.3. Risk Allocation

Subject to the terms of any applicable insurance, responsibility for vehicle damage during the Rental Period shall be allocated as follows:

• Damage to the Vehicle occurring during the Rental Period, whether caused by an accident, misuse, negligence, or any other cause attributable to the Renter, shall be the primary responsibility of the Renter;
• Pre-existing damage documented in the pre-trip photographs shall be the responsibility of the Host;
• In the event of a third-party accident during the Rental Period, the Renter is obligated to collect and submit all relevant documents (police report, photographs, third-party information) through the Platform. Lakbai may assist in coordinating with the insurance partner but does not assume liability for such claims.

Lakbai is not a party to the rental transaction and shall not be held liable for any vehicle damage, loss, or injury occurring during the Rental Period. All claims for damages shall be resolved directly between the Renter and the Host, subject to the Dispute Resolution provisions in Section 12 of these Terms. Lakbai may, at its discretion, assist in facilitating communication between the parties through its online dispute mechanism but assumes no obligation and no financial liability in connection with any such damage claim.

6. BOOKING PROCESS

6.1. How Bookings Work

The booking process on the Platform operates as follows:

• The Renter selects a Vehicle from available Listings and submits a Booking Request for the desired Rental Period;
• The Host receives a notification and may Accept or Decline the Booking Request within the response window specified on the Platform;
• Upon the Host’s acceptance, the Renter is prompted to complete payment of the Booking Fee and Security Deposit;
• The Booking is confirmed upon Lakbai's receipt of successful payment from the Renter.

6.2. Confirmation and Modification

A confirmed Booking constitutes a direct agreement between the Renter and the Host for the provision of the Vehicle during the Rental Period. Any modification to a confirmed Booking (including changes to dates, times, or pick-up location) must be mutually agreed upon by both parties and processed through the Platform. Lakbai does not guarantee the availability of modifications and shall not be liable for any loss arising from an inability to modify a confirmed Booking.

6.3. Security Deposit

A Security Deposit shall be collected from the Renter at the time of Booking, in an amount set by Lakbai or the Host and disclosed prior to Booking confirmation. The Security Deposit shall be held by Lakbai and released as follows:

• If the post-trip inspection confirms no damage, no outstanding balance, and no pending disputes, the Security Deposit shall be released to the Renter within two (2) to three (3) working days following the end of the Rental Period;
• If a damage claim or other dispute is raised by the Host within twenty-four (24) hours after the Rental Period, Lakbai may withhold the Security Deposit, in whole or in part, pending resolution of such dispute in accordance with Section 12.

7. PAYMENT TERMS

7.1. Payment Structure

All payments for Bookings are collected by Lakbai through its designated payment facility. A Platform Service Fee of ten percent (10%) of the Rental Rate is charged to the Host and deducted from their disbursement upon each confirmed Booking. 

In addition, a Trip Fee is charged to the Renter per confirmed Booking. Lakbai reserves the right to determine and adjust the structure and amount of the Trip Fee, which may be set as: (a) a flat fee per Booking; (b) a percentage of the Rental Rate; or (c) a hybrid of a flat fee and a percentage of the Rental Rate. The current applicable Trip Fee structure and amount shall be clearly disclosed to the Renter prior to confirmation of the Booking. Any change to the Trip Fee shall be reflected on the Platform and shall take effect on the date specified in the relevant notice, without retroactive effect on confirmed Bookings. 

The Trip Fee is strictly non-refundable under all circumstances, including cancellations initiated by the Renter, and regardless of the reason for cancellation or Booking termination. The non-refundable nature of the Trip Fee reflects the fact that KYC procedures and requirements, payment gateway and processing costs incurred by Lakbai upon payment are likewise non-recoverable. The Renter acknowledges and accepts this condition prior to confirming the Booking. 

The Platform Service Fee, Trip Fee, and their full breakdown shall be disclosed to both the Host and the Renter prior to confirmation of the Booking. Lakbai reserves the right to adjust the Platform Service Fee upon reasonable prior notice to Users. Any such adjustment shall take effect on the date specified in the notice and shall not retroactively affect confirmed Bookings.

7.2. Payment Holding and Release

Upon collection of the Booking Fee from the Renter, Lakbai shall hold the Rental Rate component (net of the Platform Service Fee) and release it as follows: 

• Lakbai shall hold the Rental Rate from the time of Booking confirmation until twenty-four (24) hours after the confirmed end of the Rental Period (the “Hold Period”), to allow for Host inspection and post-trip documentation; and 
• Upon the expiry of the Hold Period, Lakbai shall release the net Rental Rate to the Host's designated disbursement account within three (3) to five (5) banking days, unless there is a valid dispute that was filed or there was a breach of this Terms on the part of the User. 

Any damage claim or dispute arising from the Rental Period shall be addressed through the Security Deposit collected under Section 6.3, and shall not operate to delay or withhold the release of the Rental Rate to the Host. Where the Security Deposit is insufficient to cover a validated damage claim, the Host may pursue the remaining balance against the Renter through the Dispute Resolution process under Section 12. 

Lakbai's collection and temporary holding of payments is a payment facilitation service only and does not constitute Lakbai as a trustee, escrow agent, or fiduciary of any party. Lakbai is not a bank, quasi-bank, or electronic money issuer regulated by the Bangko Sentral ng Pilipinas (BSP). By using the Platform, Users acknowledge that Lakbai's payment facilitation service is incidental to its marketplace operations and does not create any deposit or money placement arrangement with Lakbai.

7.3. Accepted Payment Methods

Lakbai accepts payment through the following methods, subject to availability at the time of Booking:

• Maya (primary payment gateway);
• Major credit and debit cards (Visa, Mastercard);
• GCash and other e-wallet platforms integrated with the Platform;
• Bank transfers through the Platform's designated payment gateway; and
• Such other payment methods as Lakbai may make available from time to time.

All transactions are processed in Philippine Peso (PHP). Lakbai does not accept cash payments for Bookings. Cash payments made directly between the Renter and Host outside of the Platform are strictly prohibited and shall be grounds for Account suspension.

7.4. Taxes

Lakbai is a non-VAT registered entity. Accordingly, Value-Added Tax (VAT) is not applicable to the Platform Service Fee or Trip Fee charged by Lakbai. Lakbai shall issue the appropriate non-VAT official receipts or electronic invoices in compliance with Bureau of Internal Revenue (BIR) regulations applicable to non-VAT entities.

Hosts are solely responsible for determining and complying with all applicable tax obligations arising from rental income earned through the Platform, including but not limited to income tax, percentage tax, and applicable local business taxes. Lakbai does not provide tax advice and shall not be held liable for any Host's failure to comply with their individual tax obligations. Lakbai may be required by law to report certain income information to the BIR and may do so without further notice to the Host concerned.

8. CANCELLATION AND REFUND POLICY

8.1. Cancellation by Renter

The following cancellation and refund schedule applies to cancellations initiated by the Renter. For the avoidance of doubt, the Trip Fee is non-refundable in all cases:

Time of Cancellation (Before schedules start time)	Refund Amount	Trip fee (199 or applicable fee)
More than 48 hours before start	100 % refund of Rental Amount	Non-refundable
24 to 48 hours before start	50 % refund of Rental Amount	Non-refundable
Less than 24 hours before start	No refund	Non-refundable
No-show (Renter fails to appear)	No refund	Non-refundable
After rental has started	No refund	Non-refundable

Refunds shall be processed within twenty (20) to forty (40) banking days, depending on the Renter's payment method and the policies of the applicable payment gateway.

8.2. Cancellation by Host

Hosts are strongly discouraged from cancelling confirmed Bookings, as cancellations harm Renters and undermine trust in the Platform. If a Host cancels a confirmed Booking:

• The Renter shall receive a full refund of the Rental Rate and Platform Service Fee component of the Booking Fee. The Trip Fee shall remain non-refundable;
• The Host shall not receive any payment; and
• Repeated cancellations by the Host may result in the imposition of penalties, temporary suspension, or permanent deactivation of the Host’s Account and Listings. 

Cancellation Timing (Before Trip Start)	Penalty
More than 48 hours before start	Warning (no monetary penalty)
24 to 48 hours before start	500 penalty
Less than 24 hours before start	1000 penalty
Within 2 hours of start/ No-show	2000 penalty + suspension

In addition to the per-instance penalties above, the following consequences shall apply for repeated or pattern-based cancellations:

• Two (2) cancellations within any rolling thirty (30)-day period, temporary suspension of all Listings, without requirement for additional evidence of cause;
• Three (3) cancellations within any rolling sixty (60)-day period, deactivation of all Listings and account review, without requirement for additional evidence of cause; and
• Repeated or pattern-based cancellations beyond the foregoing thresholds, permanent removal from the Platform at Lakbai's sole discretion, without requirement for additional evidence of cause.

Lakbai reserves its right to file a civil case against the Host for any damages incurred by reason of the Host’s repeated cancellations.

Lakbai may waive the monetary penalty in cases of: (a) verified personal or family emergencies supported by appropriate documentation; (b) Vehicle breakdowns or mechanical failures supported by photographic or service record evidence; or (c) force majeure events as defined in Section 8.4. A waiver request must be submitted through the Platform within twenty-four (24) hours of the cancellation, and Lakbai's decision on any waiver request shall be final.

8.3. Cancellation for Vehicle Defects

If, upon pick-up, the Renter determines in good faith that the Vehicle is materially different from its Listing (e.g., undisclosed damage, mechanical defects, incorrect vehicle) and declines to accept the Vehicle, the Renter must report this to Lakbai through the Platform within one (1) hour of the scheduled pick-up time. Lakbai shall, upon verification, treat such cancellation as a Host cancellation and apply the rules in Section 8.2 accordingly.

8.4. Force Majeure

In the event of a force majeure occurrence, including but not limited to natural disasters, typhoons, public health emergencies, civil unrest, or government-imposed travel restrictions, affecting the service area, Lakbai may, at its discretion, adopt a modified refund policy to protect both Hosts and Renters. Lakbai shall issue notice of any such modified policy through the Platform.

9. PLATFORM FEATURES

9.1. Ratings and Reviews

Following the completion of a Rental Period, both the Host and the Renter are invited to submit a rating and written review of their respective experience. The following rules apply to ratings and reviews:

• Ratings and reviews must be based on the User's genuine, firsthand experience with the transaction;
• Reviews must not contain false, defamatory, harassing, discriminatory, or irrelevant content;
• Reviews must not contain personal information of the other party, including contact numbers, addresses, or vehicle plate numbers;
• Review manipulation, including but not limited to offering incentives for positive reviews, soliciting the removal of negative reviews, or submitting reviews using multiple Accounts, is strictly prohibited; and
• Lakbai reserves the right to remove reviews that violate these guidelines but does not represent or warrant that all reviews on the Platform are accurate or reliable.

Blacklisting of a User from the Platform is within Lakbai's sole discretion and shall be effected only after appropriate investigation of reported issues. Both Hosts and Renters may submit reports about other Users through the Platform.

9.2. In-App Communications

The Platform provides an in-app messaging feature enabling Hosts and Renters to communicate directly in connection with a Booking. The following rules apply to all in-Platform communications:

• In-app messaging must be used solely in connection with Platform-facilitated transactions and inquiries;
• Users must not use the messaging feature to solicit off-platform transactions, share payment information for the purpose of circumventing the Platform's payment system, or conduct any commercial activity unrelated to the Lakbai Platform;
• Harassment, threats, discriminatory language, or any form of abusive communication is strictly prohibited and may result in immediate Account suspension;
• Communications through the in-app chat may be reviewed by Lakbai for safety, fraud prevention, and dispute resolution purposes, in accordance with the Privacy Policy; and
• Lakbai does not guarantee the continuous availability of the messaging feature and shall not be liable for any failure of communication between Users.

9.3. Location Data

The Platform may request access to the Renter's device location to enhance the rental experience. The Platform will prompt the Renter to grant location access and will offer options such as “Allow only while using the app” or “Allow only this time.” Location data will be collected only with the Renter's explicit consent and will be processed in accordance with Lakbai's Privacy Policy. Users may withdraw location access permissions through their device settings at any time.

10. PROHIBITED CONDUCT

In addition to the specific prohibitions set forth elsewhere in these Terms, Users are strictly prohibited from:

• Using the Platform for any unlawful, fraudulent, or harmful purpose;
• Creating false Accounts, providing false information, or impersonating any person or entity;
• Contacting other Users outside the Platform to arrange transactions in circumvention of the Platform's payment system;
• Harvesting or collecting data about other Users or Vehicles through any automated or manual means;
• Attempting to gain unauthorized access to any part of the Platform or another User's Account;
• Uploading or transmitting viruses, malware, or any harmful code;
• Engaging in any activity that disrupts or interferes with the Platform's operations;
• Subletting, re-renting, or commercially exploiting any Vehicle rented through the Platform;
• Operating a rented Vehicle for commercial hire purposes, including ridesharing or delivery services; and
• Facilitating or engaging in fraudulent listings, identity fraud, or payment fraud.

Any transaction arranged through the Platform but consummated outside of it, including payment made directly from Renter to Host bypassing Lakbai’s payment system, shall void any per-trip insurance coverage, forfeit any right to Lakbai’s dispute resolution services, and shall be grounds for immediate permanent Account suspension of both parties involved, without refund of any Platform Service Fees previously paid.

Violation of any of the foregoing prohibitions may result in immediate Account suspension or permanent termination, forfeiture of pending payments, reporting to law enforcement authorities, and civil or criminal liability under applicable Philippine law.

11. INTELLECTUAL PROPERTY

The Platform and all its contents, including but not limited to the Lakbai name, logo, trademarks, service marks, software code, design elements, text, graphics, and data compilations, are owned by or licensed to Lakbai Mobility OPC and are protected by intellectual property laws of the Philippines and applicable international conventions.

Nothing in these Terms grants any User a license, right, or interest in Lakbai's intellectual property. Users may not reproduce, modify, distribute, publicly display, or create derivative works from any Lakbai intellectual property without prior written authorization from Lakbai.

By uploading or submitting Content to the Platform (including Vehicle photographs, Listing descriptions, and reviews), the User grants Lakbai a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, display, distribute, and promote such Content in connection with the operation and promotion of the Platform. This license continues even after the User's Account is closed.

Users represent and warrant that they own or have the necessary rights to all Content they submit, and that such Content does not infringe the intellectual property or privacy rights of any third party.

12. DISPUTE RESOLUTION

12.1. Disputes Between Renters and Hosts

All disputes arising directly between a Renter and a Host in connection with a Booking shall be subject to the following mandatory sequential process. Compliance with each step is a condition precedent to proceeding to the next. No party may initiate any judicial or quasi-judicial proceeding without first exhausting all prior steps as outlined below.

• Either party may file a dispute through the Platform's dispute resolution portal within forty-eight (48) hours of the end of the Rental Period. Disputes filed outside this window shall not be entertained, and the filing party shall be deemed to have waived their right to Platform-assisted resolution.
• Upon receipt of a dispute, Lakbai shall:

• Acknowledge the filing and notify both parties within twenty-four (24) hours;
• Request the submission of all relevant evidence, including pre- and post-trip photographs, in-app communications, receipts, and any other supporting documentation, within seventy-two (72) hours from notification; and
• Conduct a good-faith review of all submitted evidence and issue a non-binding determination within fourteen (14) calendar days from receipt of complete submissions from both parties.

Where the dispute involves damage to the Vehicle, Lakbai may, in its discretion, temporarily withhold the Host’s pending Rental Rate disbursement and the Renter's Security Deposit, or any portion thereof, pending resolution.

Lakbai's determination under this Step is non-binding and does not constitute legal advice, arbitration, mediation, or adjudication of any kind. Lakbai is not a party to the underlying rental transaction and shall not be liable for the outcome of any dispute or for any loss or damage suffered as a result thereof.

• If the dispute remains unresolved after Lakbai’s non-binding determination under Step 1, or if either party disputes Lakbai’s determination, the aggrieved party must submit the dispute to mediation before resorting to any court or regulatory body.

Mediation shall be conducted before a mediator nominated by Lakbai from a list of accredited mediators, which shall be approved by the parties. The mediation shall be held in Manila, Metro Manila, Philippines or through videoconference, when the parties agree in writing.

The costs of mediation shall be borne equally by the parties, unless the mediator or applicable rules provide otherwise. Both parties undertake to participate in the mediation process in good faith.

No action or proceeding arising out of a dispute between a Renter and a Host may be filed before any court, regulatory body, or government agency unless and until: (a) Lakbai's internal dispute resolution process under Step 1 has been completed or the fourteen (14)-day determination period has lapsed; and (b) mediation under this Step 2 has been formally declared unsuccessful by the mediator or the applicable mediation period has lapsed without resolution. Proof of compliance with both conditions shall be a jurisdictional requirement for any subsequent legal action.

• Only upon the documented failure or non-completion of both Step 1 and Step 2 may either party (Renters and Hosts) initiate legal proceedings before the appropriate courts or regulatory bodies of the Philippines. The choice of venue for any such proceedings shall be governed by the applicable rules of procedure and the nature of the claim. Nothing in these Terms shall be construed to limit a party's right to seek emergency or provisional relief from a competent court where urgent circumstances so require, without prejudice to the obligation to comply with Steps 1 and 2 for the principal dispute.

Lakbai's dispute facilitation service is offered as a courtesy and does not constitute legal advice, arbitration, mediation, or any form of binding adjudication. Lakbai is not obligated to resolve disputes between Users and shall not be liable for the outcome of any dispute or for any damages suffered as a result of a dispute between a Renter and a Host.

12.2. Disputes with Lakbai

Any dispute, controversy, or claim arising out of or in connection with these Terms, or their breach, termination, or validity, between a User and Lakbai shall be resolved exclusively through the following mandatory sequential process:

• The aggrieved party shall first serve written notice on the other party specifically identifying the dispute, the relief sought, and the factual and legal basis therefor. The parties shall then attempt in good faith to resolve the dispute within thirty (30) calendar days from receipt of such notice (the “Negotiation Period”). No formal legal action may be initiated until the Negotiation Period has lapsed without resolution. 
• If the dispute remains unresolved after the Negotiation Period, the aggrieved party shall submit the dispute to mediation administered by the Philippine Mediation Center (PMC) or such other accredited mediation institution as Lakbai may designate, before resorting to any judicial or quasi-judicial forum. Mediation shall be conducted in accordance with the applicable rules of the chosen mediation institution. The costs of mediation shall be shared equally between the parties unless otherwise agreed. No action may be filed before any court or regulatory body unless and until mediation has been formally declared unsuccessful or the mediation period under the applicable rules has lapsed without resolution.
• Only upon the failure of both negotiation and mediation shall either party be entitled to initiate legal proceedings. All such proceedings shall be brought exclusively before the appropriate courts of Manila, Metro Manila, Philippines, to the exclusion of all other venues and jurisdictions. Each party waives any objection to venue or to the exercise of jurisdiction by such courts. 

The obligation to attempt negotiation and mediation is a condition precedent to the right to litigate. Any action filed in court without exhausting the prior steps shall be subject to dismissal without prejudice.

Lakbai's transaction logs, booking records, timestamps, in-app communications, and photograph submissions stored on the Platform shall constitute prima facie evidence of the facts recorded therein for purposes of any dispute resolution proceeding, whether internal or judicial. Users expressly agree not to challenge the admissibility of such records solely on the ground that they are electronic in nature.

13. LIMITATION OF LIABILITY

13.1. Platform Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE PHILIPPINE LAW, LAKBAI MOBILITY OPC, ITS SOLE INCORPORATOR, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO ANY USER OR THIRD PARTY FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE PLATFORM; (B) ANY ACCIDENT, BODILY INJURY, DEATH, OR PROPERTY DAMAGE OCCURRING DURING OR IN CONNECTION WITH A RENTAL FACILITATED THROUGH THE PLATFORM; (C) THE ACTS OR OMISSIONS OF ANY HOST OR RENTER; (D) THE ACCURACY OR COMPLETENESS OF ANY LISTING ON THE PLATFORM; (E) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S ACCOUNT; OR (F) ANY FAILURE OR INTERRUPTION OF PLATFORM SERVICES.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, LAKBAI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LAKBAI MAKES NO WARRANTY THAT THE PLATFORM WILL MEET ANY USER'S REQUIREMENTS OR THAT ANY LISTING INFORMATION IS ACCURATE, COMPLETE, OR CURRENT.

13.2. Aggregate Liability Cap

Where Lakbai is found liable notwithstanding the disclaimers herein, Lakbai's total aggregate liability to any User for all claims arising out of or related to these Terms or the User's use of the Platform shall not exceed the lower of: (a) the total Platform Service Fees paid by the User to Lakbai in the twelve (12) months preceding the event giving rise to the claim; or (b) Five Thousand Philippine Pesos (PHP 5,000.00).

13.3. No Guarantee of Continuous Service

Lakbai does not warrant that the Platform will be available at all times, uninterrupted, error-free, or free of viruses or other harmful components. Lakbai may suspend, restrict, or terminate access to the Platform at any time for maintenance, security, or operational reasons without prior notice and without liability to Users.

14. INDEMNIFICATION

Each User agrees to defend, indemnify, and hold harmless Lakbai Mobility OPC, its sole incorporator, directors, officers, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• The User’s use of the Platform;
• Any breach by the User of these Terms, the Privacy Policy, or any other Lakbai policy;
• The User’s violation of any applicable law or regulation, including the Land Transportation and Traffic Code;
• The User’s infringement of any third-party right, including intellectual property rights;
• Any Content submitted by the User; and
• Any accident, damage, loss, or injury arising during a Rental Period in which the User was the Host or Renter.

15. ACCOUNT SUSPENSION AND TERMINATION

15.1. Suspension or Termination by Lakbai

Lakbai reserves the right to suspend, restrict, or permanently terminate any User Account, with or without prior notice, for any of the following reasons:

• Breach of any provision of these Terms or any Lakbai policy;
• Provision of false, fraudulent, or misleading information during registration or KYC;
• Conduct that poses a risk to the safety of other Users, third parties, or the Platform;
• Non-compliance with applicable law;
• Receipt of multiple verified complaints from other Users;
• Court order, government directive, or request by a law enforcement authority; or
• Any other reason Lakbai determines, in its sole discretion, justifies suspension or termination.

Upon termination, all pending Bookings associated with the terminated Account may be cancelled, and any amounts owed to Lakbai or withheld for legitimate reasons may be offset against any pending disbursements.

15.2. Voluntary Termination

A User may close their Account at any time by following the account deletion process on the Platform. Account closure does not affect any existing legal obligations, including unpaid amounts owed to Lakbai or another User arising from prior Bookings. Furthermore, Lakbai reserves the right to retain the personal data collected from a User to comply with its existing legal obligations to various government agencies.

16. PRIVACY AND DATA PROTECTION

Lakbai collects, uses, and processes personal data in accordance with Republic Act No. 10173 (Data Privacy Act of 2012) and its Implementing Rules and Regulations. By registering for and using the Platform, Users consent to the collection and processing of their personal data as described in Lakbai’s Privacy Policy, which can be found on the Platform, and is incorporated into and forms part of these Terms by reference.

Lakbai shall appoint a designated Data Protection Officer (DPO) and register with the National Privacy Commission (NPC) in accordance with applicable law. User data shall be retained for a period as determined by the applicable storage agreement with Lakbai’s data storage provider, subject to the minimum requirements under applicable law. Users have the right to access, correct, and withdraw consent to the processing of their personal data, subject to applicable limitations.

Lakbai may share User data with third-party advertising and analytics partners for marketing and interest-based advertising purposes, subject to and in accordance with the Privacy Policy. Users may opt out of marketing communications and interest-based advertising in the manner described in the Privacy Policy. Any sharing of User data for advertising or commercial purposes beyond what is described in the Privacy Policy shall be subject to prior User consent where required by applicable law.

Notwithstanding any confidentiality obligations herein, Lakbai reserves the right to disclose any User information, transaction records, or Platform data to any government authority, law enforcement agency, court, or regulatory body when required to do so by law, court order, or subpoena, or when Lakbai, in its reasonable judgment, believes that disclosure is necessary to prevent fraud, protect the safety of any person, or comply with a legal obligation. Lakbai shall not be liable to any User for any disclosure made in good faith pursuant to this provision.

17. ELECTRONIC TRANSACTIONS

In accordance with Republic Act No. 8792 (Electronic Commerce Act of 2000) and its Implementing Rules and Regulations:

• These Terms constitute a valid and binding electronic document and shall be given legal recognition equivalent to a written contract under Philippine law.
• A User's click-through acceptance of these Terms during registration, or continued use of the Platform after their posting, constitutes electronic assent with the same legal effect as a handwritten signature.
• All electronic communications, confirmations, and receipts generated by the Platform shall be valid electronic documents for all legal purposes.
• Lakbai shall maintain records of electronic transactions in accordance with the retention requirements under RA 8792 and applicable BIR regulations.

18. MISCELLANEOUS

18.1. Amendments

Lakbai reserves the right to amend these Terms at any time. Amended Terms shall be posted on the Platform with the effective date. Continued use of the Platform after the effective date of any amendment constitutes acceptance of the revised Terms. Users are encouraged to review these Terms periodically.

18.2. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and the invalid provision shall be deemed modified to the minimum extent necessary to make it enforceable.

18.3. Waiver

No failure or delay by Lakbai in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any further exercise of the same or any other right.

18.4. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements expressly incorporated herein, constitute the entire agreement between Lakbai and each User with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, representations, and understandings.

18.5. Assignment

Users may not assign or transfer their rights or obligations under these Terms without Lakbai’s prior written consent. Lakbai may freely assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, corporate restructuring, or sale of assets.

18.6. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict of law principles. Any legal action or proceeding arising out of or related to these Terms that is not subject to the dispute resolution provisions of Section 12 shall be brought exclusively before the appropriate courts of Manila, Metro Manila.

18.7. Survival

The following provisions shall survive the expiration, termination, or cancellation of these Terms and any User's Account, regardless of the reason for termination: Section 11 (Intellectual Property), Section 12 (Dispute Resolution), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 16 (Privacy and Data Protection), and Section 18.6 (Governing Law). Termination shall not affect any accrued rights or obligations of either party.

19. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, or to exercise your data privacy rights, please contact:

(Contact Details)

20. ACCEPTANCE

20.1 Acceptance by the User during Registration

The creation of a User Account, whether as a Host or Renter, constitutes acceptance of these Terms in their entirety. By clicking "Accept," "Agree," or equivalent during the registration, the User confirms their unconditional assent to these Terms.

20.2 Acceptance by the Renter during Booking

In scheduling a Booking, the Renter will be asked to confirm their assent to these Terms. By clicking "Confirm Booking," the Renter confirms acceptance.

20.3 Acceptance by the Host during Publishing

In publishing a Listing, the Host confirms their assent to these Terms.

If you do not agree with these Terms, you must immediately cease use of the Platform and close your Account.